Title 16, Health and Safety

§ 1104A. Voluntary accreditation for assisted living facilities. (a) The Department shall maintain a publicly accessible registry of assisted living facilities not subject to CMS regulations that have attained accreditation by the Joint Commission, a successor organization, or an…

§ 1104B. Certification for assisted living facilities that provide memory care services. (a) In the voluntary accreditation registry maintained by the Department under § 1104A of this title, the Department shall designate which accredited assisted living facilities that provide m…

§ 1105. Denial of license or its renewal. (a) The Department may deny a license to any applicant or refuse to renew a license to any license holder if the Department finds that the applicant or license holder or any partner, officer, director, managerial employee or controlling p…

§ 1106. License fees. (a) (1) The fees for issuance and renewal of licenses pursuant to this chapter for nursing facilities, assisted living facilities, rest residential facilities, and intermediate care facilities for persons with intellectual disabilities may not exceed $150 pl…

§ 1107. Inspections and monitoring. (a) The Department shall inspect each long-term care facility as follows: (1) The Department must conduct an inspection of each long-term care facility not later than 15 months after the last day of the previous inspection. (2) The statewide av…

§ 1108. Posting of inspection summary and other information and public meetings. (a) Each facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to residents, employees, and visitors the following: (1) The license …

§ 1108A. Required disclosure for transfer of ownership. (a) In addition to required modification of ownership and control paperwork, the proposed new facility owner of a long-term care facility must disclose to the Department, in the manner and form determined by the Department, …

§ 1109. Civil penalties. (a) (1) The Department may impose civil money penalties for the violation of provisions of this chapter or the regulations adopted pursuant to it. (2) A licensee or other person is liable for a civil penalty of not less than $2,000 nor more than $20,000 p…

§ 1110. Waiver of penalty if first time violation(s) corrected [Repealed].71 Del. Laws, c. 488, § 2; repealed by 81 Del. Laws, c. 206, § 11, effective Feb. 14, 2018.;

§ 1111. Overlap of state licensing and federal certification penalties. (a) The Department may not collect a civil monetary penalty for the same deficient practice for which the federal government has levied a civil monetary penalty. (b) In the event that a civil monetary penalty…

§ 1112. Collection of civil penalties. (a) All civil penalties collected under this chapter must be remitted to the Long-Term Care Residents’ Trust Fund if based on a federal regulation, or to the State Civil Penalty Trust Fund, if based on a state statute or regulation. (b) Paym…

§ 1113. Other remedies for noncompliance. In addition to civil money penalties, the Department may impose any or all of the following remedies for noncompliance with this chapter and the regulations promulgated pursuant to it or for noncompliance with § 1731A of Title 24 or § 903…

§ 1114. Right to hearing on deficiencies and remedies for noncompliance. The due process protections of notice and opportunity to be heard shall be provided to facilities to appeal survey deficiencies, as well as the imposition of remedies for noncompliance imposed under §§ 1112 …

§ 1115. Injunctive relief. In addition to any other remedy provided by law, the Department may bring an action in Chancery Court to enjoin a long-term care facility from engaging in activities that pose a threat to the health or safety of a resident of the long-term care facility…

§ 1116. Coordination of enforcement actions with the attorney general’s office. (a) The Department and the Attorney General shall work in close cooperation throughout any legal proceeding initiated by the Department to enforce this chapter and the regulations promulgated under it…

§ 1117. Retaliation or discrimination against complainant. (a) A licensee or other person may not discriminate or retaliate in any manner against a resident or employee in its facility on the basis that such resident or employee or any other person on behalf of the resident or em…

§ 1118. Third-Party reimbursement. Consistent with federal law, 42 U.S.C. § 1395i-3(c)(5), with respect to admissions policy and practices, a long-term care facility must not require a third-party guarantee or payment to the facility as a condition of admission or expedited admis…

§ 1119. Priority placement of publicly assisted persons [Repealed].71 Del. Laws, c. 488, § 2; repealed by 81 Del. Laws, c. 206, § 19, effective Feb. 14, 2018.;

§ 1119A. Confidentiality of resident records. To protect the privacy of residents of a long-term care facility, the Department shall establish guidelines to protect the confidentiality of any records, documents, or files pertaining to such residents.71 Del. Laws, c. 488, § 2; 81 …

§ 1119B. Pediatric nursing services. A facility that provides services to a resident younger than 18 years of age shall ensure all of the following: (1) Nursing services for a resident younger than 18 years of age are provided by staff who have received training and demonstrated …

§ 1119C. Regulations. (a) The Department has the authority to adopt, amend, repeal, or issue regulations to implement this chapter. In addition to regulations by category of facility to be licensed, the Department shall also develop pediatric regulations regarding the care of chi…

§ 1119D. Temporary staffing agencies. (a) A temporary staffing agency is required to register with the Division and renew the registration annually. In the event of a change in ownership, operation, or location, the temporary staffing agency shall update the registration under th…

§ 1120. Insurance requirement [Effective Feb. 27, 2027]. (a) A covered long-term care facility must maintain insurance coverage in a minimum amount of $1 million per claim/$3 million in the aggregate each for general liability and professional liability, respectively. These polic…

§ 1121. Resident’s rights. (a) It is the intent of the General Assembly, and the purpose of this section, to promote the interests and well-being of the residents in long-term care facilities. (b) It is the public policy of this State that the interests of the resident must be pr…

§ 1122. Devolution of rights [For application of this section, see 85 Del. Laws, c. 485, § 5]. Where consistent with the nature of each right in § 1121 of this title, particularly as they pertain to a resident adjudicated incompetent in accordance with Delaware law, if the reside…

§ 1123. Notice to resident. (a) The Department must prepare a notice that includes § 1121 of this title in its entirety. This notice must be available in a language and format that is accessible to each resident or their authorized representative under § 1122 of this title. Withi…

§ 1124. Staff training; issuance of regulations. (a) Each facility shall provide appropriate staff training to implement the bill of rights under § 1121 of this title. Within 60 days of any revisions to § 1121 of this title, each facility must provide appropriate staff training t…

§ 1125. Investigation of grievances. (a) The Department shall independently investigate any grievance concerning long-term care facilities. (b) Upon completion of an investigation, the Department shall report the findings to the complainants and to all other appropriate agencies …

§ 1126. Recording anatomical gift data. (a) All long-term care facilities shall, if possible, ascertain from a resident upon admission whether or not the resident has donated all or part of the resident’s own body as an anatomical gift in a manner permitted by § 2713 of this titl…

§ 1127. Resident transfer or discharge. (a) The facility must permit each resident to remain in the facility and not transfer or discharge the resident from the long-term care facility unless at least 1 of the following criteria has been met: (1) The transfer or discharge is both…

§ 1131. Definitions. For purposes of this subchapter: (1) “Abuse” means the infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish and includes all of the following: a. Physical abuse. — “Physical abuse” m…

§ 1132. Reporting requirements. (a) (1) Any employee of a facility or person who provides services to a patient or resident on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, neglected, mistreated, or f…

§ 1133. Contents of reports. The reports required under this subchapter must contain all of the following information: (1) The name and sex of the patient or resident. (2) The name and address of the facility in which the patient or resident resides. (3) The age of the patient or…

§ 1134. State response to reports of adult abuse, neglect, mistreatment, financial exploitation, or medication diversion. (a) The Department shall ensure that patients or residents are afforded the same rights and protections as other individuals in the State. (b) [Repealed.] (c)…

§ 1135. Immunities and other protections. (a) A person making any oral or written report under this subchapter is not liable in any civil or criminal action by reason of the report where the report was made in good faith or under the reasonable belief that the abuse, neglect, mis…

§ 1136. Violations. (a) Any person who knowingly or recklessly abuses, mistreats, or neglects a patient or resident is guilty of a class A misdemeanor. (1) If the abuse involves sexual contact such person is guilty of a class G felony. (2) If the abuse, mistreatment, or neglect r…

§ 1137. Suspension or revocation of license for violation by licensed or registered professional. On a finding of abuse, neglect, mistreatment, or medication diversion by a licensed or registered professional, or a licensed or registered professional’s failure to report abuse, ne…

§ 1138. Suspension or revocation of license for violation by facility. On a finding that abuse, neglect, mistreatment, financial exploitation, or medication diversion has occurred in a facility, if it is determined that a member of the board of directors or a high managerial agen…

§ 1139. Treatment by spiritual means. Nothing in this subchapter may be construed to mean that a patient or resident is abused, neglected, or mistreated, or is the victim of medication diversion, for the sole reason the patient or resident relies on, or is being furnished with, t…

§ 1140. Jurisdiction. The Superior Court shall have original and exclusive jurisdiction over violations of this subchapter.65 Del. Laws, c. 442, § 1;

§ 1141. Criminal background checks. (a) Purpose. — The purpose of the criminal background check and drug screening requirements of this section and § 1142 of this title is the protection of the safety and well-being of residents of long-term care facilities licensed pursuant to t…

§ 1142. Mandatory drug screening. (a) An employer may not employ an applicant without first obtaining the results of that applicant’s mandatory drug screening. (b) All applicants must submit to mandatory drug screening, as specified by regulations promulgated by the Department. (…

§ 1143. Standards of care for nursing homes providing care to Medicaid recipients. (a) Any nursing facility as defined in 42 U.S.C. § 1396r(a) shall comply with all requirements regarding such facilities contained in Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.]…

§ 1144. Influenza immunizations. (a) Nursing and assisted living facilities shall annually offer, beginning no later than October 1 and extending through March 1 of a calendar year, onsite vaccinations for influenza vaccine to all employees with direct contact with patients at no…

§ 1145. Criminal background checks. (a) Purpose. — The purpose of the criminal background check and drug screening requirements of this section and § 1146 of this title is the protection of the safety and well-being of residents of this State who use the services of home health a…

§ 1146. Mandatory drug screening. (a) [Repealed.] (b) An employer may not employ any applicant without first obtaining the results of that applicant’s mandatory drug screening. (c) All applicants, with the exception of a self-employed individual seeking employment from a private …